BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 20.12.2023 Delivered on : 19.01.2024 CORAM:

THE HON'BLE MR JUSTICE K.K.RAMAKRISHNAN Crl.R.C.(MD)No.95 of 2023 and Crl.O.P(MD).No.5760 of 2023 and Crl.M.P(MD).Nos.1300, 5023 and 5024 of 2023 In Crl.R.C(MD).No.95 of 2023 G.Kamaraj ... Petitioner Vs.

State Rep. by, Inspector of Police, Vigilance and Anti-Corruption Wing, Thanjavur. ... Respondent In Crl.O.P(MD).No.5760 of 2023 G.Karunakaran ... Petitioner Vs.

1.State of Tamil Nadu, Inspector of Police, Vigilance and Anti-Corruption, Thanjavur.

2.Venkatesan, The Inspector of Police, Vigilance and Anti-Corruption, Thanjavur. ... Respondents Prayer in Crl.R.C(MD).No.95 of 2023 : This Criminal Revision has been filed under Sections 397 and 401 of Criminal Procedure Code, to call for the records in Spl.S.C.No.17 of 2019 on the file of the learned Chief Judicial Magistrate Cum Special Judge, Thanjavur @ Kumbakonam and set aside the order passed in Crl.M.P.No.135 of 2021 dated 15.10.2022.

PRAYER in Crl.O.P(MD).No.5760 of 2023 : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for records in Special Case No.18 of 2019 on the file of learned Chief Judicial Magistrate, Thanjavur at Kumbakonam and quash the charge sheet and consequential all further proceedings as against the petitioner.

In Crl.R.C(MD).No.95 of 2023:-

For Petitioner : Mr.N.R.Elango Senior Counsel for Mr.A.S.Aswin Prasanna For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor In Crl.O.P(MD).No.5760 of 2023 For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

COMMON ORDER

Crl.O.P(MD).No.5760 of 2023 has been filed to quash the Special Case No.18 of 2019 on the file of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam.

2. Crl.R.C(MD).No.95 of 2023 has been filed to set aside the order passed in Crl.M.P.No.135 of 2021 dated 15.10.2022 passed by the learned Chief Judicial Magistrate Cum Special Judge, Thanjavur at Kumbakonam.

3. According to the prosecution Thanjavur Municipal water headworks is functioning at Kollidam River North Bank, Thirumanur in Ariyalur District for pumping and supplying drinking water to Thanjavur Municipal areas. In the said place there are 120 HP Motors erected for pumping water in the water headworks. One 400 KVA Kirloskar genset is provided there for operating the motors during the power interruption period. The maintenance of operating motors and Genset for pumbing water was entrusted with the accused and all the accused conspired together and misappropriated the funds to the tune of Rs.76,476.90/- by preparing the forged vouchers, as if they purchased diesel and the same was utlized for running genset.

4. A3, who is the contractor along with A1 and A2, who are officials prepared the monthly abstracts in the diesel register, as if they purchased the diesel of 1680 litres and they submitted the bill and the bill was sanctioned, thereby they misappropriated a sum of Rs.80,670.45/-.

5. After registering the case, the respondent police conducted the investigation and filed the final report before the Sub-Court, namely, learned Chief Judicial Magistrate cum Special Judge, Thanjavur, Kumbakonam and the same was taken on file in Special Case No.17 of 2019. In the said case, the second accused, namely, Kamaraj, filed discharge petition in Crl.M.P.No.135 of 2021 and the same was dismissed by the trial Judge stating that the contention of the petitioner to appreciate the statement of witnesses is beyond the scope of the discharge petition and there is sufficient prima facie material against the accused/A2. Hence, dismissed the petition. Chellanging the same, Crl.R.C(MD).No.95 of 2023 has been filed before this Court.

6. Mr.N.R.Elango, learned senior cousnel appearing for the petitioner submitted that as per the statment of the witnesses and also the evidence, no offence is made out against the second accused and according to him, the petitioner